Ch.2 Leadership & Managment Flashcards
Nurse Practice Acts
Laws that control and regulate nursing practice in each state. To protect public from harm.
Which state has there own nurse practice acts?
All of them.
What is the main goal of the nurse practice acts?
To protect the public.
What do each of the states mandatory practice acts generally agree on?
Only licensed professionals can practice nursing.
Where do laws affecting regulation of nursing vary?
From state to state.
The nurse practice acts govern the nurses responsibility determining what with the staff?
Making assignments.
Each state sets its own what when it comes to nursing?
Educational and examination requirements.
How are assignments by the nurse usally tested on the NCLEX?
Usually determining what can be delegated to who.
What should you take into consideration when assigning tasks?
The skill level should be appropriate to the skill being delatored.
Ex. Lpn could be delegated placing a catheter but not a cna.
Who does the nurse supervise?
Care provided by unlicensed assisted personnel. UAP
What kind of procedures must be delegated to or supervised by an RN?
Invasive procedures or sterile procedures.
Documenting client care is consider what?
A legal task.
Define unintentional torts?
An act involving injury or damage to another (except beech of contract) resulting in a civil liberty. ( the victim can sue.)
Negligence
Performing an act that a reasonable and prudent person would not.
How do you measure negligence?
Would a reasonable nurse act in the same manner under the same circumstances.
Malpractice
Negligence by professional personelle that results in injury.
Example of malpractice?
Professional misconduct or unreasonable lack of skill in carrying out professional duties.
When could negligence occur?
Unreasonable lack of skill and preforming it anyway.
What are the four elements necessary to prove malpractice?
Duty
Breach of duty
Injury/Damages
Causation
When can malpractice not be proven?
If one of the four elements can’t be proven.
Duty
Obligation to do what a reasonable nurse would do; failure to protect others from foreseeable risk.
What do we mean that a nurse has to anticipate foreseeable risk?
If a floor is wet the nurse must anticipate a clients fall.
Breech of duty
Failure to perform according to the established standard of conduct.
Injury/Damages
Failure to meet standard of care which causes actual injury or damage. (Physical injury).
What kind of injury is not enough to prove malpractice?
Emotional or mental injury is enough to prove malpractice.
Causation
A connect exist between conduct and the resulting injury.
How do hospitals provide a guide for nursing actions?
Policies ; not laws, but courts generally rule agianst nurses who have violated the employers policies.
When can hospitals be held liable?
Poorly formulated or poorly implementation.
How can nurses avoid negligence and malpractice?
By following their organizations policies and procedures.
Incident reports
Alert the administration to possibility liability claims and the need for investigation.
What do incidents reports not protect you from?
Legal action against negligence or malpractice.
What are some examples of negligence or malpractice?
Burning a client with a heating pad.
Performing incompetent assessments .
Ignoring Sighns
Forgetting to give medications , or giving the wrong medication.
Intentional torts
______
Assault
Mental or physical threat (forcing [without touching] a client to take a medication or treatment.]
Battery
Actual or intentional touching of one another, with or without the intent to cause harm.
What is an example of battery?
A mentally competent adult is forced to have a treatment he or she has refused.
Invasion of Privacy
Encroachment or trespassing on another’s body or personality.
False imprisonment
Confinement without authorization.
Exposure of a persons body?
After death a person has the right not to be looked at or touched.
Exposure of a persons personality?
Exposure or discussion of a persons personal information or communication.
Fraud
When someone purposefully misrepresents info that can harm someone else.
Defamation
Divulgence of privligaed information or communication.
What are examples of fraud?
Presenting false credentials.
Describing a myth regarding treatment. - telling someone that a treatment has no side effects.
Crime
You know a crime.
When does a person comit a crime?
A deed done contrary to criminal law.
What is criminal about refusing to help delever a baby?
When you are legally obligated , and the child gets hurt it is a crime.
When does criminal consouracy occur?
When two or more people agree to comit a crime.
When are you equally guilty in a crime?
Knowingly giving aid or assisting in it.
When is ignoring a crime illegal?
You see another nurse taking drugs or alcohol and not reporting it while on the job.
If you see a nurse stealing narcotics and ignore it what are you doing?
Committing a crime.
What do you need before searching a persons property?
Search warrants.
If you suspect abuse what must you do?
Report it even if your not sure.
When is assault justified ?
For self defense.
When using assault for self defense what must it be?
Only enough force to maintain self protection.
How guilty are you if you assist in any crime?
Equally as guilty
Civil procedures
Methods used to help protect the rights of psychatric patients.
Voluntary admission
The client admits themselves for treatment and retains civil rights.
Involuntary Admission
Someone other then the client applies for admission.
What do you have to have for an Involuntary admission?
Certification from a healthcare provider the person is in danger to their self or others. Some states require two doctors.
Individuals with involuntary admission have the right to what?
Legal hearing within a certain number of days.
Most states limit involuntary admission to how long?
90 days.
How long can involuntary commitment be?
Usually less than a year.
Who can admit another for emergency admission?
Any adult may apply for emergency admission of another. But to be held longer than 24 hours you need medical or judicial approval.
What can a person being held agianst there will do?
File a writ of habes corpus to try to get the court to hear the case and let them go.
Who determines the sanity and alleged unlawful restraint of a person?
The court.
What are six civil rights help by a hospitalized patient?
- Wear own clothes
- Right to individual storage space
- Right to see visators daily.
- Reasonable access to a telephone
- Right to send/receive mail.
- Right to refuse shock treatment and lobotomy’s.
Competency hearing?
No hearing that is held to determine a persons ability to make responsible decisions.
People declared incompetent have a legal status of?
A minor
People declared incompetent have the legal status of a minor they cannot do what?
Vote Make contracts or Wells Drive a car Sue or be sued Hold a professional license
Who can declare a person incompetent?
The state or the family.
Insanity
Legal term meaning the accused is not criminally responsable for the unlawful act committed be they are mentally ill.
What are three reasons someone cannot stand trial?
- Cannot understand charge
-
How do you identify a patient?
With two patient identifiers. Name and date of birth.
What may not be used as an identifier?
Patient room number.
Who sets the two patient identifiers?
The joint commission.
What must you get to perform surgery?
Surgical permit - no matter how minor the surgery.
Legally what must the surgical permit be?
Written
Obtained volentary
Explained to the client.